Christian Louboutin wins trademark protection for his lacquered red sole shoes! Also known as Serial Number 77141789 in the trademark world. Decided by Judge Jose Cabranes in Manhattan federal court via a 31-page decision, the appellate judge reversed a lower court’s decision and ruled that Louboutin’s signature red soles were a “brand with worldwide recognition” that “qualifies for trademark protection” — except if the shoe itself is red.

The color(s) red is/are claimed as a feature of the mark. The mark consists of a lacquered red sole on footwear. The dotted lines are not part of the mark but are intended only to show placement of the mark.

Type of Mark

TRADEMARK

Register

PRINCIPAL-2(F)

Live/Dead Indicator

LIVE

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=33942012-09-05T17:51:42Z2012-08-02T11:16:40ZA fight in the cosmetic aisle to see if the term “NAKED” should be held exclusively by Urban Decay or can it be used by numerous cosmetic companies to brand their glamor products. Since the introduction of Urban Decay’s Naked Palette, which has been a top seller for two years running, numerous cosmetic companies have tried to cash in on the term “NAKED.” Victoria’s Secret jumped on the NAKED bandwagon with the introduction of their eye makeup kit named “THE NAKEDS.”

Upset that cosmetic giant Victoria’s Secrets has joined the naked party, Urban Decay sends a cease and desist letter on July 18th demanding that they stop selling the eye kit product immediately. Urban Decay will likely argue that “THE NAKEDS” has a confusingly similar trademark ( naked name) and a confusingly similar trade dress ( packaging the eye makeup with the word “NAKEDS” in capital letter) which harm the Naked brand.

So instead of bickering back and forth, on 7/31/12 Victoria’s Secret get the judicial system involved and filed a declaratory judgment (which asks a court to decide whether Urban Decay’s trademark/trade dress argument is legit) in Southern District of Ohio Eastern Division (please view the complaint below)Victoria’s Secret v Urban Decay Naked Makeup Trademark Complaint

]]>2Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=33792012-08-02T11:17:05Z2012-07-17T17:36:14ZPhotographer Jay Gorodetzer is a man with a lot of patience. Back in 1996, Jay was hanging out in a fancy restaurant and took a snapshot of two friends Guy Sileo and James Webb hugging each other. A couple months later Webb is murdered and Sileo is accused with the crime. , Jay permits the Philadelphia Inquirer Newspaper to publish his 1996 photograph but it must give him full credit of owning the photo (view the photograph and complaint below).

Jay is such a good photographer that the Inquirer later hires him as sports photographer for the newspaper. Sounds great right? But wait, there is a catch, in 2010 the Inquirer starts reproducing Jay’s photograph in news stories about Webb’s murder trial and does not give Jay Gorodetzer any credit! A lot has changed between 1996 and 2010, the Philadelphia Inquirer is now owned by a huge media giant called Philadelphia Media Network “PMN” which also owns the Philadelphia Daily News and Philly.com , so Jay’s photograph ends up being reproduced in numerous media outlets without his permission.

So for past two years, instead of filing a lawsuit, he has politely asked the Inquirer’s director of photography, vice president of operations and editor to give him credit for the photograph he took in 1996, everyone insisted that PMN owns the photograph and will not stop reproducing the image.

Remember how I mentioned that Jay was a patient man? Well, in 2012, 16 years after he takes the photograph, Jay finally registered his 1996 photo with the federal copyright office in order to get federal copyright ownership protection. Now he sues the PMN for copyright infringement on the basis that PMN kept on reproducing the photo without his permission. Note: Generally the photographer owns the copyright of the photographs that he takes, unless he is under contract as a work for hire.

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=33642012-07-17T17:36:51Z2012-07-11T19:58:42ZRichard Ackourey owns Graphic Styles International, a Pennsylvania based apparel design company. Not only does he design the garments, he is also a fashion illustrator and sketches his designs in style books. The style book at issue is called “Graphic Fashions” and is used across the industry for designers to base their garments off of. So it is safe to say that Ackourey was comfortable when fashion designers used his sketches to make clothing.

I found this issue interesting because, usually I see fashion designer sue on the basis that their garments had been infringed upon. Here, the fashion designer is suing because the images from his sketchbook had been copied.

]]>1Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=33522012-07-11T19:59:11Z2012-07-02T13:08:22ZJennifer Hill owns “Jen’s Bar and Grill,” a simple place where you can get dinner and watch performers get on stage to perform famous country songs. You see places like this all the time, and it seems harmless right? Well, Jennifer Hill can totally allow people to perform copyright protected songs so long as she gets a performance license to do so. This license is permission from the music owners to allow others to perform copyright protected music in the public.

So all Jennifer Hill has to do is contact the three performing rights companies that grant licenses on behalf of songwriters, composers and music publishers. The three organizations are: The American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music Incorporated (BMI), and the Society of European Stage Authors & Composers (SESAC). Sounds really easy and simple right? Unfortunately Jennifer Hill did not pay for the licenses and instead permitted the hundreds of her guests to party hard to public performed country music.

Now what has happened is that all the people who were involved with writing, composing, publishing and producing the songs that were publicly performed in Jen’s Bar and Grill (about 30 plaintiffs) are suing Jennifer Hill for violation of their federally protected copyrights. (see complaint) What really bites is that Under Section §504 of the 1976 Copyright Act, the copyright owner or author has a choice of recovering: a) actual damages and any additional profits of the defendant; or b) statutory damages. For example, in a case of “innocent infringement,” the range is $200 to $30,000 per work, while in a case of “willful infringement,” damages can be increased to up to $150,000 per work.

I included this article in Fame Appeal because it serves as a reminder to the bar and club owners who read my blog to PLEASE REGISTER WITH ASCAP, SESAC, and BMI ! Secondly, I hope that Jennifer Hill can work through her legal dilemma and keep Jens Bar and Grill open for many music performances to come.

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=33222012-07-02T13:08:42Z2012-06-25T14:49:42ZEarlier this month, Sin City Motorsports discovered that Kohl’s was selling lookalike t-shirts through its webstore. Upset that the huge department store had copied the name from their Nevada based biker store Sin City sued in District court of Nevada. It was interesting to find that in the Complaint Sin City was quick to point out that Kohl’s website had included its infringing mark in their “buried code or metadata to provide a means by which users of the internet can search and access the Kohl’s website and the infringing marketing on the internet.” As rightful owners of the trademark, Sin City shows that not only is demanding that the knock-off shirts be taken off the shelves but more importantly the knock-off data from the computers need to be scrubbed off too!

Screenshot from webstore

Sin City sued on grounds of (1) Federal Trademark Infringement (reminder to always register your trademark! Contact me), (2)Unfair Competition. (3)Unjust Enrichment, which means that Kohl’s has unfairly made money off of selling the t-shirts & that Sin City should be compensated for it. Sin City asks for injunctive relief so that Kohl’s will retrieve all the actual garments in addition to all the electronic records in which it has communicated & facilitated the sale of the shirt.

In my opinion, if Kohl’s had used the term Sin City and accompanied it with a casino, or dancer it would not be in such hot water as it is now. The fact that they accompany the term “Sin City” with motorcycles, which the exact good in which Sin City Motorsports has distinguished its apparel company as dealing with shows that Sin City has a chance to Kohl’s has sold a confusingly similar garment in its store.

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=32872012-06-12T02:44:37Z2012-06-01T14:11:38ZLooking back to past trends of my generation, a couple rather terrifying images pop up in my mind. Of course when our parents were dressing us it was bibs, over sized shorts, and hair scrunchies. Then it was the Aeropostale monkey sweat suits, shirts, and jeans. From there it turned into the Abercrombie Polos that everyone sported while going to the middle school dances, while everyone awkwardly made out with each other. When I reflect on the past of my generations style trend throughout the 20 years of my life, it reminds me of being lost.

I say “lost” because when I look around on the street now, people my age are wearing colorful dresses, high-waist shorts with all different types of sheer blouses, and everyone has a different type of shoe on whether it be toms, the latest from Steve madden, a technical gladiator sandal, etc. Our generation wore the same shirts all the time when we were growing up. We didn’t know who we were, so we wore the same as everyone else with the label visible as a symbol of our lack of individuality. But now, places such as Urban Outfitters and Free People are producing pieces that enable us to put together our own outfit with our own “twist.” It is phenomenal because today the styles that individuals are putting together show through in everyday life. Instead of wearing a shirt with a label on it, our generation is wearing a variety of different pieces that help express who they are. Our generation is piecing together a new style that is vibrant, wild, and unique. It is interesting to think that pieces of clothing that form an outfit, can illustrate a society’ brilliance and uniqueness. So go ahead, put together who you are, with what you like, and tell the world your story.

Companies have had the privilege of personalizing their marketing schemes due to the benefit of cookies. Now, it seems the EU begs to differ and they will begin to regulate the amount of access websites have from cookies.

Found on Wikipedia, a cookie “was designed to be a reliable mechanism for websites to remember things that a browser had done there in the past, which can include having clicked particular buttons, logging in, or having read pages on that site months or years ago.” This means that the person who created a website can see what exactly a visitor is looking at, what they clicked on, and where they were located when they clicked on it. The owner of the website can then analyze this information and see what on his website works and what does not work. With this information known, he can better understand the audience his website attracts. From a website administrator point-of-view, a cookie is vital to market research.

It is obvious Facebook and Twitter need cookies to understand what the reaction to changes on their website are. If there are no cookies, then more time will be spent on information gathering. In our technologically advanced society, this will take a lot more time and money, which many internet companies, especially start-ups, do not have.

Yet, what about the web-surfer who is minding his own business when he is on the internet? To the EU, the cookies that a website receives invades the privacy of that person. They believe an owner of a website should not have the ability to purposefully aggregate information without the consent of that person. The ability of stealthily collecting cookie information can create an environment that a site-visitor does not have control over and things are fed to him or her. If this continues to grow, then one can argue that a consumer on the internet does not have the freedom of choice, since these cookies are giving online companies an unfair advantage.

As of today, this is in only in 27 nations in the European Union, but some claim that U.S.A may adopt similar legislation. On a closing note, this will have a huge impact on online marketing and it will cause a commotion in the way of approaching consumer behavior.

Thank You to Shaina Boone for making the issue clear. Follow her @shainaboone

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=32552012-05-29T01:58:00Z2012-05-22T12:30:22Z
I could have told you this. When I was in the city two years ago, I saw many commercials, advertisements and even a pop-up store for Skecher Shape-Up shoes. They had Kim Kardashian as a spokesperson, and personal opinions about the shoe from Joe Montana and Karl Malone. Skecher’s probably paid Kim Kardashian a lot of money to advertise for a brand that was cool in the 90s. Now, the the Federal Trade Commission has found that all these claims were not true. However, I have to give a lot of credit to the Skecher’s marketing team because they were skilled to take advantage of consumers who are celebrity driven and health-minded.

Last Wednesday, Federal Trade Commission stated that “Skechers USA, Inc. has agreed to pay $40 million to settle charges that the company deceived consumers by making unfounded claims that Shape-ups would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles.” The Federal Trade Commission is an agency that “prohibits unfair or deceptive acts or practices in or affecting commerce” and this includes false advertising for products that do not follow through on their claims. Skeckers’ claims that the shoes caused weight-loss, strengthened muscles, reduction of body fat, and improved circulation and aerobic conditioning, were all found to be not true. Also, the doctor who supported the claim of the health conscious shoes, Dr. Steven Gautreau, was in fact married to one of the Skechers’ marketing executives.

If you remember, Skeckers’ marketing scheme claimed that instead of going to the gym, all a person has to do is wear the Shape-Up shoe and the person will see similar results that a gym workout would show. In reality though, this was not the case and there were clinical studies that found that the Skechers’ shoes did not follow through on their promises. For about three years, Skechers created a buzz for a fitness shoe market that became a $1.1 billion market and their respective sales figures for their particular fitness shoe line amassed to $1 billion. So you have to keep in mind, what is $40 million worth for them when they already made-up for their losses. For more information on the complaint, read below:

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=32342012-06-25T14:52:20Z2012-05-08T18:24:50ZFamous jewelry designer, Pamela Love has had her pieces featured in Vogue and Elle magazine. But to her surprise Urban Outfitters has also been featuring her jewelry! Yep good ‘ol Urban Outfitters has been “inspired” by what we fashion lawyers like to call the “L’infringement.” Good thing for Pamela Love, she registered the two pieces at dispute ( a Small Bear Ring and a Ridged Cuff Bracelet) with the Federal government. ( contact me if you have questions)

Urban Outfitters and its subsidiary Free People were infatuated with Pamela Love’s jewelry and on numerous occasions requested to partner up. Upset that Pamela Love was far from jumping in bed with them, Urban Outfitters began selling low quality look alikes in Free People store store (look at exhibit “G” in the complaint below). Filed in the Southern District of NY, Pamela Love sues for copyright right infringement on both jewelry articles.

Ladies and Gentlemen, please refer to the Pamela Love website and shop around for some accessories. A quick thing to remember about this dispute is that it if you feel that there are bossy designers/stores bugging you to partner up in designing something, at a time when your products are selling really well on their own, do not submit to the pressure. It may be a helpful indicator to register your designs ASAP. Here, Pamela did not want to partner up with Urban Outfitters and the designer now has the protection of federal copyright to strengthen her claim against Urban Outfitters. ( read the complaint at below)

]]>2Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=32232012-05-08T18:25:15Z2012-05-08T04:21:43ZThe implications of this lawsuit could send shock waves to Pinterest, Flickr and other image hosting sites. Perfect 10, an adult entertainment company ( not worth visiting), alleges that Tumblr failed to respond to repeated requests for takedowns of their copyrighted photographs. In addition Perfect 10 states that “Tumblr employees have posted infringing content to Tumblr’s servers to help start the business.”

In addition to pornographic material Tumblr is full of photo’s that are copyright protected. Remember that the right to reproduce copyright protected work must be given by the copyright owner. Since Tumblr allows anyone to simply post almost any photo they want and then allow it to reposted/reblogged by millions of fellow users, there is little chance that the owner can stop Tumblr from reproducing the photographs.

So what must Tumblr do? Similar to YouTube it must have easy to use procedures for users to complain to Tumblr of copyright infringement. In addition it has to act promptly when a complaint is received. Last but not least (personal opinion) , it must decrease the number of pornographic material on it and request a 18+ consent link from users.

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=31802012-04-12T16:14:20Z2012-04-06T15:32:32ZNow we’ve been experiencing some awesome weather this Spring season, nonetheless cold season is not over according to Hip Hop mogul Kanye West. Kanye’s new tune;”Theraflu; “relates” to the over-the-counter product used to help relieve cold and flu symptoms that millions of consumers rely on. Is this the beginning of a legal cold for Kanye West, (being that he has a new beau) or does the cough medicine enjoy the free advertising?

Side note:
If you keep up with the tabloids as I do, you would notice the Kim Kardashian’s scandal *cough* I mean wedding extravaganza to NBA baller Kris Humphries who is now PISSED at this new love triangle between rapper and sex tape artist Kim K. Ha!

I will say that Kanye is being a little harsh with his words “”I’ll admit I fell in love with Kim/ Around the same time she fell in love with him/ Well that’s cool, baby girl, do your thing/ Lucky I ain’t have Jay drop him from the team”. WHAT?!?! Crazy right? And we know Humphries is so dumb founded at this point but at least he had his little five minutes of fame, free wedding and a little fan boost while with Kim…

What I always find is missing is the most important networking tool FACE TO FACE INTERACTION. Whether it’s a film maker, comedian, fashion designer or model I work with creative people of all kind and I hear the same complaint from everyone, that they need more exposure. Although they have a website/blog, LinkedIn profile, Facebook page, twitter etc. they feel nothing is getting them closer to where they want to be in their career. What I always find is missing is the most important networking tool FACE TO FACE INTERACTION.

I remember when Mark Zuckerberg was giving a talk in NYC about Facebook, he was asked whether online social networking would replace or even trump face to face networking. Zuckerberg responded with smile and stated that Face to Face interaction will never be replaced because it is the main social networking tool, and that the internet is just an assistant.

I dedicate this blog article to something I hold dear to my heart, face to face socializing. Face to face networking is essential to building trust and credibility. The ability to clearly communicate your career goals with someone face to face shows that you are serious about your craft. The following are a couple of helpful tips for you as you network in the entertainment and fashion industry:

Get Out of The House: Go and attend events where people who you want to work with will be present. If you have to fork over $5 to $40 for a ticket then do it. Hopefully food is included if you are paying more than $10! Every networking event that you go to increases your rate of connections. What I have found, is that it is not the 1st person that you know that will help you, but its the 4th or 5th person that 1st person knows that gets you the best connection for your profession. (read the fourth person rule!)

Fourth Person Rule: The lawyer I work for taught me this rule so listen up. Let say for example A is looking for modeling work. A meets B at a party. A tells B that she is an aspiring model. B says that she does not work with models, however she knows people who do. After the party A follows up with B through email asking B to connect her with people in the modeling industry. B gives A the telephone number of modeling agency C. A calls up C and states that B referred her to call C, C is now interested and takes A’s information. C then tells X to contact A about potential work. X calls A and asks for a portfolio and resume. X is the fourth person! The fourth person rule shows you the initial face to face interaction, helped B trust A enough so that B would give up the phone number of one of her “connections.” (Thank you Mary Beth Bogan Esq.!)

Answering the question: So what do you do? Answer this question with some pizzazz, don’t just tell the person the title of your job. So for example take the following job title: “I am a garbage man.” Instead of saying garbage man, you should say ” I deal with waste management on a large-scale and am responsible for the public health in my local town” See how more sophisticated and sexy that sounds. It shows that you are more than just a label, you have a purpose and a responsibility. This will also help the other person to ask a follow-up question about your job.

Answering the question: Where are you from? I do not particularly like this question because I have a diverse ethnic background so I am always wondering if they want to know what is my ethnicity or where I actually live. So the way I answer this question is by saying, “well I live close enough to get here in under 30 minutes!” This shows the listener that you have a sense of humor and at the same time you are not disclosing your locality/ethnicity since it may be something you want to keep private at first, and later tell them if you feel comfortable.

How to dress: Do not dress like everyone else. Wear something that is memorable. The days of being conservative and mundane with your clothing is out of the window. Even if you are looking for a job as a librarian or an accountant, dress in a manner that shows you have some style and personality, because that will make the person you are talking to remember you and want to learn more about you. I REPEAT DRESS WELL. Please go and watch an episode of MAD MEN and you will know what I am talking about.

Business cards: DO NOT USE VISTA PRINT. Oh my goodness, the next time I see someone who has a business card that says on the back “vista print” it tells me that you did not invest the time and money in getting quality business cards. Spend the time and get crisp high quality business cards because it is a representation of who you are. Note: I have recently seen people who have put a photograph of their face on their business cards, so long as the photograph is of studio quality, then I find it a good idea to do this.

Your sales pitch in a single sentence: You must be able to clearly state who you are, what you do, and your career goal in order to effectively give the listener a firm grasp of who you are. This may sound impossible at first. But once you are able to pinpoint exactly what you do, and where you want to take your profession, you will be able to formulate your sales pitch. Here is a simple example, for an aspiring stylist try saying that: ” My name is ____, and I work in the image enhancement industry, I want to become a personal stylist for Pop-artists because my schedule is flexible and I work well under pressure.”

Closing remarks: Sometimes we feel like we are wasting time going to events again and again, and we feel disappointed that we have not received immediate gratification in our career. Improving your career is not like shopping for a new outfit. You can not simply purchase a career that fits you. You have to keep on shopping yourself around and ask for direction from others to see if they know a person who can give a job tailored to you!

]]>6Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=31092012-03-28T17:39:26Z2012-03-19T07:51:34ZTrade dress infringement getting on BCBG’s last HERVE. ( Herve Leger that is) Talk about messing with a bigwig, Stretta Moda, a clothing line sold through various retailers, Revolve and Devine just to name a few, has been manufacturing precisely the same style Trade dress as originally manufactured by Herve Leger Bandage Dress. Since, the early 90′s Herve Leger (now owned by BCBG MaxAzria) has continuously featured their unique Trade Dress known as the “Bandage Dress” in their seasonal fashion shows (worn by many celebs singer Cassie is featured to the left). Unfortunately, since 2010 Stretta Apparel has been copying the “Bandage Dress” style strap dress. On March 12 in Central District court of California BCBG filed a lawsuit that claims severe financial damages due to Trade Dress infringement and dilution. (complaint below)

Herve Leger Bandage dress is characterized as the “bandage dress” with 3 prominent NON-FUNCTIONAL features 1) bands of fabric, 2) arranged in horizontal and/or diagonal patterns, 3) to form the tight-fitting dress with an overall look that accentuates the female form.

To steal some of BCBG’s popularity Stretta Moda employed a type of “leak” campaign where by Stretta described their products to the public as made in the same factories as authentic Herve Leger dresses are made in. In other words, Stretta has falsely advertised, in the context of interstate commerce, that its Herve Leger knock-offs are virtually the same as authentic Herve Leger garments—the one difference being the lower Stretta price and low quality fabric.

Shockingly I found reputable retailers selling the poor quality Stella goods… take a look for yourself. Looks like cheap polyester can fool the best of them!

The demand for fashion designers will remain at a high because consumers seek the latest forecasted trends. We want to look, breathe and feel like we are a part of elite fashion. Consumers want what’s “HOT”, fresh, innovative and to be quite frank we want what the celebrities are wearing. How would you like to have your dream as a designer turned into a reality? To have your designs featured in the world’s top retailers for America to buy?

NBC kicked off the spring season with a Fashion MUST WATCH tonight! Featuring host and designer Elle Macpherson with the aid of celeb mentors Jessica Simpson, Nicole Richie and John Varvatos, the series awards the unknown fourteen contestants a multi-million dollar prize to launch their collection weekly. As the weeks pass by, the contestants will lessen until one designer remains where they will successfully combine their fashion inspiration with the business connoisseurs of Macy’s, H&M and Saks Fifth Avenue.

Now my favorite designers that sold to the buyers this evening were newcomers Sarah Parrott and Nzimiro Oputa. Sarah created a cobalt blue woven dress; a spin on the classic “Little Black Dress” whereby Nzimiro constructed a linen blend normal fit blazer with suede elbow patches. As this is staple for women’s and men’s fashion these pieces have been seen before throughout the fashion industry. The two were sold to H&M and definitely fit the All American, Glam, and Classy look H&M exudes. When it comes to fashion we must be innovative and this series as well as the designs are an #EpicFail. The designs should not be ordinary or mediocre. The newcomers have to consider the business approach of the industry. Why should I purchase your design over the next? What sets you apart from the rest?

Positive that our penchant shoppers with a natural flair for current trends, couture and unique fashion tuned in to the NBC series I pose the question should the Emmy award nominated series, “Project Runway” feel compelled to the pressure? Is the new Fashion Star series a rival?

If you missed out on the new exhilarating fashion show, catch it on Tuesdays 9:30/8:30c

As spring approaches. I am not only excited for the warm weather and beautiful flowers; I am also very excited for all of the new fashion that is upon us. As spring arrives so do new trends. Some trends that I know I am going to be wearing this spring are cloudy pastels, bright colors, floral textures, and sheer.

Louis Vuitton (style.com)

In Chanel’s 2012 ready-to-wear spring collection, the models were dressed in many of these trends. My favorite is (left) a model wearing a two tone pastel pink textured top. The top looks like flowers placed beautifully against the models body. Now to counter all of the texture on the top half, the model was wearing tight black shorts. This look is perfect for a casual afternoon lunch, or just to hang out with friends. A textured top is a must have for every woman’s wardrobe.

In Louis Vuitton’s 2012 ready-to-wear spring collection, there was one ensemble in particular that I felt embodied the style of spring. This was a pastel yellow and white sheer skirt and top (right). With spring comes many graduation parties and afternoon luncheons and this outfit would be perfect for just that.

Fendi (Style.com)

In Fendi’s 2012 ready-to-wear collection, there was one look that I felt truly captured both texture and sheer. The model was wearing a textured cardigan, but throughout the cardigan there were lines of sheer fabric (left). Fendi took an article of clothing which is usually quite modest and made it very revealing. So this spring do your research and take some risks! Fashion is always changing and so are we, go outside of your comfort zone, try some sheer, some textures and some pastels. You might just hit the nail on the head and pull yourself out of your winter funk!

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=30582012-03-14T13:04:16Z2012-02-01T23:55:30ZRussian media holding UTV, which owns Muz-TV (Russian version of MTV) , has filed a $1.8 million lawsuit with a Miami court, claiming losses from Miami based New Wave Entertainment ( NWE ) over a canceled appearance at Moscow Music Awards by popular singer Lady Gaga. (read complaint below)

NWE Talent Entertainment claimed that they could get Lady Gaga & Akon to perform at the awards show for the a down payment of $1.5 Million!

“ZAO TV Service (Muz-TV) and the American NWE Talent Agency & Management Company reached agreement that the U.S. side would organize the arrival and concert by Lady Gaga in Moscow at the Muz-TV awards ceremony in June 2012. The Russian side paid the necessary reservation deposit but the Americans could not guarantee the concert on the date for the channel,” Muz-TV said in a statement.

“As a result, ZAO TV Service has applied to a court in Florida, U.S.A., with a lawsuit against the agent company to return the insurance deposit and compensate for losses suffered by the TV channel,” Muz-TV said.

Moral of the story, too often do I hear from people who people that they can arrange an appearance of a musical artist of famous actor, talent agents should be weary! Ryan Burke is the manager of NWE, and he should not have lead the Russian companies to believe that he had an as “tight” of a relationship with Troy Carter (Lady Gaga’s manager) when they already have him $1.5M advancement. He should have gotten more of a confirmation with Tory Carter before they give him the money. Once Burke knew he could not confirm Lady Gaga’s appearance he should have returned the money IMMEDIATELY

Well if you want to book some other celebrity (Carrot Top ) you can contact Ryan Burke at NWE Agency Toll Free: 866.993.9NWE (9693) E-Mail: Info@NWETalent.com

]]>1Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=30312012-02-01T23:57:52Z2012-01-17T15:33:25ZShamballa Jewels has sued online retailers Bling Jewelry, Ejeweler.com, overstockjeweler.com and its CEO Elena Castenada for falsely designating their goods as celebrity inspired Shamballa Jewels. You might have noticed Shamballa Jewels bracelets , Jay Z wore it at Watch the Throne tour, it is worn by style heavyweights like Karl Lagerfeld, Valentino Garavani, Boris Becker and even Ozzy Osbourne. In the accessory fashion law complaint, shown below, defendants are accused of falsely using the Shamballa mark on counterfeit goods which has caused unfair competition.

There are an onslaught of new jewelry designers coming out everyday, and with the economy the way it is I see more buyers investing in quality accessories because of their versatility and value. So, what happens when a online retailer comes out selling jewelry that looks just like yours? Well it may be easier to plead your case if the defendants markets the item with your name. Since Shamballa did a great job at branding their work by labeling their bracelets with their signature “Shamballa Jewels” look, the defendants had no choice but to designate their infringing goods with the Shamballa brand name.

I chose this lawsuit because of the attention Shamballa Jewels has taken to its distribution and marketing . For example, here on the east coast, it is only available through Barneys (NYC) , London Jewelers (NYC) and VAULT (MIAMI). In addition it is marketed tastefully via international magazines and celebrity endorsements. I am happy to see this company prosper and hope that the infringing websites stop harming Shamballa’s image. Visit their website here shamballajewels.com

Max Gregory Warren (stage name Maxamillion) has filed lawsuit against Cameron Jabril Thomaz “Wiz Khalifa” for copyright infringement in Pennsylvania Eastern District court. Warren registered his song “Pink N Yellow” and received copyright certification in Feb. 2008 (see exhibit A in complaint below). Listen to Pink N Yellow here Allegedly the tune in Khalifa’s Black and Yellow is derived from the Warren’s melody in Pink N Yellow.

Simply stated once you own the copyright to a musical work, others must get yourr permission before they create a work derived from you work. Here Warren sues Khalifa for deriving “Black and Yellow” from his song without asking him for permission before hand. Subsequently he wants a piece of the profits that Khalifa has earned from the hit song.

A problem I find in this lawsuit is that Warren does not tell us in the complaint how Khalifa heard the song Pink N Yellow. You can rock out to Black and Yellow below and also read the complaint!

Thank you so much for following Fame Appeal legal blog. I appreciate your support as this blawg is nearing its second anniversary next month. Graduating law school and becoming a lawyer has really made 2011 a special year for me. How has 2011 been a special year for you? I have many things in store for 2012 that I am sure you will enjoy. I always love to get to know my readers so keep in touch, follow me via twitter @fameappeal or you can shoot me an e-mail at mishariff@fameappeal.com.

When running out the door this holiday season, make sure you are ready to light up the night. Heading out to parties and dinners, no woman should leave her home without a little sparkle. This holiday season sparkle is definitely in and seen everywhere in women’s wardrobes; from handbags, to dresses and even down to shoes, some glitter can make an outfit. A little sparkle is an amazing way to help you look stylish and stand out in a crowd. It is important though that you use sparkle in the right way, you do not want your look to be too overwhelming. Try a solid colored dress, such as black, with a glittery pair of pumps. Or, for the opposite, you can never go wrong with a great party dress covered in sparkle paired with a solid colored pump. Now of course, since it is colder outside, pairing this ensemble with a pair of tights would be the perfect way to make the outfit a bit warmer, but still very chic at the same time. With an outfit like these you will definitely sparkle and shine at your many holiday parties.

The Fame Appeal scarf gives many options of wear-ability. Men, dare you pair this with an oxford shirt, some cords and funky tennis shoes? Women, use this to dress down an oh too serious dress or add polish to a plain tee and flared jeans. However you chose to wear your scarf, you always have the option to portray your own unique style.

In a distribution deal gone bad Babygrande Records owes it at least $200,000 in royalties for promoting rapper Wiz Khalifa’s 2009 album “Deal or No Deal,” which has sold more than 100,000 copies. Malbon Brothers Farms, (btw gr8 company to work for) a marketing firm, says it signed an agreement with Babygrande Records in May 2009 to distribute “Dopium,” an album by a Wu-Tang Clan member.

The agreement provided that Babygrande (who needs to update their website) would pay Malbon Brothers 90 percent of net profits from the commercial use of “Dopium.” In October 2009, the companies amended the agreement to require Babygrande to pay Malbon Brothers 20 percent of profits from the Wiz Khalifa album “Deal or No Deal,” Malbon Brothers says. Babygrande allegedly gave Malbon Brothers an accounting statement in January of this year that claimed Malbon Brothers only made $8,700 from “Deal or no Deal.” Malbon Brothers says it told Babygrande founder Charles Wilson that number was inaccurate. “Defendant Wilson informed Plaintiff that its 20% fee was reduced because Defendant Wilson decided to cross-collateralize the expenses Defendant Babygrande incurred in manufacturing, distributing, selling and otherwise exploiting other musical recording albums Defendant Babygrande distributed for Plaintiff,” according to the complaint in New York County Supreme Court. By applying losses from one of Malbon Brothers’ licensed albums to its other albums, Babygrande and Wilson breached the parties’ agreement, Malbon Brothers claims. Malbon Brothers seeks $200,000 in damages. The company is represented by Paul Chin.Source Nick McCain

Kors does it again with his 2012 Pre-Fall collection. Not all designers take part in the Pre-Fall action but in an article by Nicole Phelps Kors explains that it is the best season for him to design for his business; it’s the season-less season. [i] The collection is packed with outwear staples that fit both the New Yorker and the Hollywood minded. The CFDA designer continues to excite trendsetters everywhere with his textures of Mongolian fur, leather, and silver sequined patterns. And plaid, well it has found its comeback in a full maxi-skirt as well as a few other pieces. The plaid is enough make an impression but the grayscale pallet makes more tasteful and far from schoolgirl.

I can say that I wear the MMK line of Michael Kors just about every day after interning there for six months last fall. I get compliments on the same two watches that I wear by someone new every time. And the clothes, these clothes are not solely made for the fashion but to flatter the body of a woman. I had a wonderful experience working in the merchandising department of the MMK label, realizing the amount of thought that the Kors team devotes to each piece.

This collection has the feel of the west with the styling of the east. The lines were clean and the pops of the poppy and aqua are a welcomed surprise. The western feel includes buckles and wide-brimmed hats and a certain menswear feel. These ladies, however will most likely not be not stepping in to see how the west was fun. – Emily Rad Fashion writer: emily@fameappeal.com

Fame Appeal brand makes its debut with an American-made collection of scarves available in six color combinations. (Yes ladies and gentlemen I have returned to my fashion designing roots!) Each scarf is designed to be worn by men and women and at nearly seven feet long, allow for wrapping in many different ways. I have gone to great lengths to find a fabric that is as soft and warm as natural fibers but as durable as synthetics. Assembled in the NYC, NJ and Philadelphia, in an effort to promote apparel produced in America the Fame Scarf collection is available so shop and learn more about Fame Appeal Scarf Collection: ENTER STORE.

Most Americans take the label of the items they own for granted. Unless it’s made from your grandmother, you’ll rarely find an item made in America. Products made in American are the perfect opportunity for entrepreneurs, Americans creating jobs for Americans. Despite all the hype around national pride, the trend for purchasing American-made items is not catching on so quickly.

It’s not totally our fault, however. Many companies portray themselves as All American, but more than often; this refers to their design style, not their products’ origin. Companies cannot resist outsourcing their manufacturing across seas. Even with the costs of shipping, the price of overseas labor holds a comparative advantage with America. And your phone, for example, that says Made in China was most likely assembled there but using parts from three other countries.

The silver lining is that Americans are beginning to take a stance. Websites featuring handmade crafty items like Etsy.com or Storenvy.com have increased the availability of American-made items and even helped spiked the startup of hundreds of small businesses. USA Love List, a website that only features products made in the USA, showcases the crème de la crop items American businesses are offering all over the country and aim to support the workers that make them. USA Love List describes the following as their main objectives, “First, to tell you about the very best of Made in the USA products. Second, to make it easy for you to find them and recommend them to your friends. Third, to encourage you to ask for them in stores and demand them from the companies you want to do business with.” They are not solely helping to market these products but market the idea of American made.

Not only do we have a Nicole Miller dress review we also went to the her Philadelphia store for a blogger event! First, a little style for ya: Heads will turn at your holiday gatherings with this Nicole Miller cobalt dress (as seen above). The juxtaposition of the casual drapery style and the silky quality makes this an irresistible purchase, (not to mention how comfortable this looks). Why pull out that overdone, skintight number in the back of your wardrobe when you can make a real style statement.

The Victoria’s Secret fashion show aired last night on CBS and as usual it is always a spectacle of physical and artistic perfection. I thought it would be befitting to dedicate this post to legal protection for fashion models both in an agency and freelance. A fashion model uses his/her appearance and natural chemistry to sell goods or services. Often times Models feel they are getting the short end of the bargain and I thought the following may help out.

1. Things you should pay attention to when signing a modeling contract?

This is a tough one to answer briefly. First, a model should have an experienced attorney look over any modeling contract before signing it, but if you don’t have the money for one or can’t find one experienced in reviewing this type of contract, here are some pointers.

There are primarily three types of modeling contracts out there. With an exclusive contract, the agency is your exclusive manager and booking agency and you will not be allowed to sign with any other agency for the length of the contract. Therefore, as discussed below, make sure you are signing with a reputable agency that can advance your career and not an agency that will simply tie you up.

A non-exclusive contract allows you to find work on your own without the requirement that you pay the agency a commission. You may also sign other non-exclusive contracts with other agencies. If the agency you are meeting with does not have the money to advance your initial costs of building a portfolio and the like, this type of contract is better suited for you.

A one-time contract is one that is signed for just one job and one job only. When the project is complete, the contract has been fulfilled as long as you have also been paid. If you have not been paid, you can sue for breach of contract. A fourth type of contract is a mother agency contract. This type of contract allows your agency to receive a commission even after you are signed by a subsequent agency. In this type of agreement, the agency may simply be looking to sell your rights to a bigger agency and still take a cut or they may even be a reputable agency, but one seeking to make every cent they can.

To understand how a mother agency contract works, you need to understand a little bit about how agencies are paid, and this is one of the key provisions of your contract. It is common for top-rated agencies to charge 20% commission on all monies a model receives for his or her work. Only a small percentage of very successful models over the years have been allowed by the agencies to bargain their commission down to 15% and an even smaller percentage of very successful models have been able to negotiate their own contracts with their own managers and lawyers.

On top of the standard 20% commission, such agencies have routinely been able to charge an additional 20% of the model’s fee for the job to the model’s employers and to pocket that 20% without giving any of it to the model. And in compensation for the agency advancing the model payments without having to wait until the agency is actually paid by the model’s employers, the agencies have often charged a further 5% commission to the model.

The mother agency clause of a contract, where an agency seeks to employ it, then further provides that the agency claims a commission on any modeling job the model ever obtains, even if that job is obtained by another agency. This is similar to where a scout discovers a model and obtains a percentage (often 5%) of the model’s earnings from the agency the scout directs the model to. A mother agency is often the first one that discovers a model. It is no coincidence that at the time when the model has the least amount of money and the least clout that there is no more important time, than at this early stage to have an attorney reviewing the model’s contracts.

Next, as discussed above, you need to research the modeling agency from whom you are being offered a contract. In a large market city such as New York, a reputable model agency should have the work and the money to invest in you to train you. That means they will advance the monies against your future earnings for a quality portfolio, comp cards, test shoots and the like. This is an important part of the contract and you need to understand what you will be responsible to repay. You do not want to owe the agency money if you or they do not find you work and payment for your work.

In a medium sized market, the agency may be able to direct you where to go for photos for your portfolio, training and composites, but they may not be financially able to advance you the costs. If you wind up paying for these items, you need to ensure that the agency you are signing with and the city you are in provide a sufficient amount of work to get you reimbursed for these costs.

In a small market (as well as larger ones) the only agencies you may find are those connected with modeling schools who use the agency simply as a hook to lure you into attending the modeling school. Be wary of such an agency that may either have no idea what they are doing or who seek to profit from your inexperience by profiting from every expense you will be directed to incur.

You want to read the sections of any contract that you ever sign that provide what constitutes a breach of contract by you or by the other party and what remedies or damages the parties are entitled to in the event of a breach. If the only person who can breach a contract is you, and if you are the only person who may owe anyone money in the event of a breach, run away as fast as you can.

2. Is a contract signed in the United States valid in other countries?

This question is easy. Yes, it is valid. A contract, however, can limit it’s terms or the geographical area (countries) to which it applies. In addition, you should ensure that the contract states that it is governed by the law of the state in the U.S. that is most convenient to you. If you live in Connecticut, you don’t want it governed by the law of North Dakota, much less the law of China, because you will be all but ensuring that to get your day in court, you will have to file suit in some far off jurisdiction. The contract should provide that in the event of any dispute in connection with the contract that either a lawsuit or mediation or arbitration shall take place in your state.

3. What should a Model Release form include and what should be emphasized in it, in order to defend the rights of the model?

Models, especially when they are just starting out, often feel intimidated. They fear that if they question the slightest thing in a model release, they will not get the job, more work, or be branded as being trouble. The problem is, if a model simply signs whatever she is given to sign, it will almost certainly favor the photographer and the client and take away almost every right a model may have to prevent the photos of her from being misused.

While it is true that a photographer needs some leeway, if you give an unscrupulous photographer the right to do anything he or she may conceive of doing with their photos of you, they may just use them in a very offensive way, and there is little a model can do to know what is in the mind or heart of a photographer he or she has just met.

Models who are just starting out rarely have confidence in any clout they may have. However, if the client or the photographer has selected you from all the other models they could have chosen, you may have more clout than you realize. And if you are willing to sign away every right you have in your images, you are in the wrong business to begin with.

People will tell you that only as you become more in demand that you can demand your fees for only certain uses of your images and allow their use for a limited amount of time. But it is at the very start of your career that you are most vulnerable to having your images being misused and if they are misused, you may find your career ending before it’s begun. Thus, if you see this type of term in a model release, you need to either run from the building, have it altered, or accept the consequences that may result from agreeing to: “I hereby release, discharge and save harmless the photographer or any other person distributing the finished product, even if the finished product is distorted, blurred, altered or used in such a way, intentionally or otherwise, such as to subject me to scandal, scorn, indignity or ridicule and waive any right to approve any use of the finished photograph or its use.”

While it is difficult to obtain the right to approve the uses of the photographs taken of you, you can limit the uses by excluding those uses that would be harmful to your career or reputation. If you want to prevent a photographer from using the photographs in such a manner, seek a provision that in the event of intentional humiliation of you in the use of the photos by the photographer, the release will be void. Some models who are unsuccessful obtaining such provisions will at least write restrictions in the margins of releases such as, “Photos may not be used on sexually explicit web sites or pornographic materials.” Be wary of allowing any use in the release and then limiting those uses only in a separate waiver of copyright. Conflicting provisions are a nightmare for the courts to weigh.

In the entertainment field, and that includes modeling, talent is king. You can still be friendly and cooperative while protecting your rights. Be kind to many, keep a healthy but skeptical distrust of those who would use you, and do harm to none and you will go far.

The usual expression of Ultimate Fighting is tight fitting Affliction t-shirts worn by huge brawny athletes (plentiful at Jersey Shore). Recently Ultimate Fighting Champions (UFC) has entered the ring with New York state. UFC is suing to overturn New York’s ban on live bouts, saying the 1997 law runs roughshod over its freedom of expression, a novel argument that likens MMA (mix martial arts) to live ballet, music or theater.

“This is the first time to my knowledge that a professional athlete is claiming a First Amendment right to communicate with fans in a live event,” said Barry Friedman a professor at New York University School of Law who is representing the plaintiffs. While the arts are protected, no court has ever directly confronted the question of whether athletes have a First Amendment right to be seen in action.

Timing is everything, the lawsuit comes as the sport is gaining viewers. In August, Fox Broadcasting Co. and the UFC entered into a seven-year deal that includes four fights a year on broadcast television and will pay the promoter at least $100 million annually. (The first fight drew 5.7 million viewers.) UFC, which hosts its fights inside a chain-link cage dubbed “The Octagon,” holds about 27 live events each year, according to the complaint.

The courts needn’t declare all sports protected by the First Amendment, because MMA — which, as the name suggests, draws on a mosaic of different fighting styles — is special, Friedman said.

“It’s martial artistry,” he said. “The nature of martial arts is a lot like dancing.”

It is also martial. As in “warlike.”

If the ban’s purpose is to curb “a message of violence,” the lawsuit said, it “makes no sense” because New Yorkers can watch MMA on television. But that is no substitute for the real thing, according the complaint. “As is true of ballet, music, or theater, for an audience, attending a live MMA event is an experience that cannot be replicated on a screen.”

I can’t tell you how many times I have to remind businesses, young and old, that they must purchase any confusingly similar domains which bad faith competitors may use to take away their traffic. Known as, cybersquatting, this is a legal violation where someone with bad faith creates a domain in order profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.(wiki) Fashion and Entertainment Lawyers must become familiar with this area of Internet law since it greatly effects the success of brand identity/management.

Real life example: Gap owns WWW.GAP.COM but does not own WWW.THEGAP.COM.

Earlier this month, The Gap Inc. filed a cybersquatting (see complaint below) against the Mumbai-based owners of the domain name thegap.com (can’t infringers in Mumbia cybersquat on Bollywood movie names instead gosh!). Gap actually owns the “The” in its trademarked name since 1972, according to the complaint, however it only registered Internet domain names for gap.com, gapkids.com and babygap.com when the company established its online presence in the 1990s.

Mumbai based company called The Gap Entertainment got there first, registering the domain name in question in 1994, according to the complaint. When you visit www.thegap.com users are taken to what appears to be a gift card deal site (see below). The lawsuit claims that the site uses fraudulent promises of high-value gift cards to lure consumers into entering personal information.

The domain registration is set to expire in March 2012. The plaintiffs argue that the use of thegap.com “is likely to cause confusion, to cause mistake or to deceive consumers” about whether Gap is linked to the unaffiliated site, the company alleges in its complaint. Gap is represented by John Margiotta and Alexander Greenberg of New York-based IP firm Frost Zelnick Lehrman & Zissu. John Jennison of Jennison & Schultz in Arlington, Va., is serving as local counsel. (source Legal Times)

Do you know of any other companies that suffer from a similar problem?

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=28342011-11-21T21:52:38Z2011-11-21T00:03:53Z
1st Annual Pet Support Phashion Charity Show benefiting the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA) took place on Friday, November 18 and IT WAS FANTASTIC. At the front of the disco light runway were hosts Mike Jerrick of Good Day Philadelphia and Kharisma McIwaine of CW11, they announced fashion designers for feline, canine and human models! I have never seen such intricate detail on such petite furry models until this fashion event. In addition to live music performed by Joanna Pacitti and Taragirl plus great food I met numerous industry execs from the pet industry. I must tell you that the market for pet accessory’s/apparel is booming and consumers only want the best quality/style for their 4 legged friends.

The event showcased designers Genny Perez of Milou Couture and award winning pet couturier, Anthony Rubio from Bandit Rubio Designs + Priscilla Costa. In addition celebrities like Jimmy Rollins from the Phillies, and Nate Allen of Philadelphia Eagles joined various guests from various professional, business and geographical backgrounds to achieve a common goal – support the PSPCA and all of the great work that they do for animals and humanity. One charity in particular was Rescue Chocolate founded by Sarah Gross, who sells tasty vegan chocolate and all her proceeds goes to advocating for animals welfare. My personal favorite was her dark chocolate Mission Feral Fig flavor. Special thanks to House of talent PA for the models and DJ Hollywood (@MrHollywoodDJ) for the pizazz.

An evening at Louis Vuitton headquarters in NYC, Michael Pantalony Esq, protector of Intellectual Property of Louis Vuitton Moet Hennesey Fashion Group (LVMH) stated “If you come close to copying the (Louis Vuitton) Mark you will hear from LV,” keynote speaker @Fordham Fashion Law Institute’s CLE Mr. Pantaloney took current copyright protection to the butchering block.The sheer number of companies that he must sue can easily make an observer forget LVMH’s market strength. On the other hand, it serves as a reminder that LVMH still needs to protect itself. Everyone is copying LV and their companies (such as Givenchy and Marc Jacob); we see the infamous Forever 21 rip-offs, knock off skirts by Zara, counterfeit dresses by Bloomsbury, and numerous look a likes by Bebe. These are perfect examples (see below) of how lower-end fashion houses freely create infringing reproductions due to inadequate fashion design protection. Afterwards, IP litigator Jonathan Moskin Esq., went through an in depth analysis of Aesthetic Functionality and the potential significance of its reemergence in the protection of fashion. you can download the pdf here.

Much gratitude goes to the head of Fordham Fashion Law institute’s Susan Scafidi and her students, for holding the event and choosing a great venue, Magic Room top floor of LVMH @NYC. Scafidi titled the night as “Law and the Little Black Dress” inspired by the film Breakfast at Tiffany’s to demonstrate the numerous takes on the classy outfit and how designers over the years have had their dress designs infringed upon. It was great to finally meet fellow fashion bloggers @FashionCloture, @simonebtrfly, and Legal marketing expert Christian McKenzie.

Trade dress is the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of a perfume bottle. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.

Since 2010 Victoria’s Secret has been fighting to protect the trade dress of its Secret Garden body lotion product line. The battle started when Victoria’s Secret started using Natures Formula lotion as their supplier. Lead by George Mitchell, Victoria’s Secret would simply purchase Mr. Mitchell’s Nature’s Formula lotion and put Victoria’s Secret label on it. All was fine and dandy, until George Mitchell left Natures Formula and worked for a competitor’s company, United I, where he developed an almost identical body lotion bottle called VS Secrets of Romance. Once Victoria’s Secret got a whiff Mr. Mitchell’s attempt to copy the look of their bottle Victoria’s Secret got a court order preventing Mr. Mitchell from selling the lookalikes. The stubborn Mr. Mitchell didn’t stop there, he left United I and worked with another company called FB Botanicals in order to sell the infringing bottles under a different brand name. When will he stop! Seriously is he short lotion, if so I have some Lubriderm in my bathroom that he could use. (hint: watch who you work)

When I head out the door on these fall days, which are continuously becoming colder, I stop and think, “What is the best way to keep my outfit warm but still chic?” Well there is no longer any need to wonder. Pair your outfit with a great trench coat! They are extremely stylish and provide that last layer that is needed to pull your outfit together and keep you warm at the same time. Trench coats are very helpful on those damp fall days because they will keep you warm and dry. I recently came across the most stunning trench coat; this coat was simply a beautiful one that any woman would feel amazing wearing. Designed by Valentino, this trench coat embodies Valentino’s signature look, glamour and elegance. And what woman doesn’t want to feel glamorous? The coat captivates just the perfect amount of flashy and refined. This one of a kind trench coat features calf hair dyed with an appealing black print, belted at the waist, with an A-line silhouette. This jacket is gorgeous and certainly worth splurging on for the fall, and the finishing touch to any women’s ensemble. (photo courtesy of Bergdorf Goodman)

Usually products have promotional vehicles to publicize their brand, (i.e.Red Bull car) however there is a craze in the hip hop culture of automobile branding. I came across this craze through a discussion in an automobile forum and someone asked whether it was illegal to paint your car with a trademark on it. The federal law that protects trademarks, Lanham Act, states that these hip hop cars could be infringing on the trademarks when they “use the mark in commerce in connection with the sale, offering for sale, distribution or ADVERTISING of goods or services.” The term commerce means placing the trademark on goods or their containers, tags or labels, or on displays associated with them, and then selling or transporting the goods in commerce. In our case the goods are usually Chevrolet or Buick cruisers that various brands painted on them. (continued below)

The key to my analysis possible infringement is successful if the defendant closely associates the trademark with goods so that it indicates itself a source for consumers. So if the gentleman driving the Skittles car was actually selling candy that looked like skittles that would be a slam dunk. Here we simply have people styling their cars after pop-culture items like candy, cereal, websites and drinks in order to demonstrate their love for the item. The owner of the car is not offering the good for sale, nor is he or she in the business or producing the goods that is displayed on the vehicle. There may be instances where the owner may earn compensation from his use of the trademark by winning car show competitions or by increasing its retail value but these or only incidental.

A New Yorker himself, Richard Chai stepped into the fashion industry at an early age. He is a Parsons School of Design Graduate and began his career with an internship at Geoffrey Beene. After graduating he ventured to Paris, studied at the Lissa School and worked as a sketcher at Lanvin. Once returning to New York Chai worked with numerous designers such as Armani, Donna Karan, Marc Jacobs’, and TSE. Finally though, after gaining much experience in 2004 Richard Chai formed his own company. He designs clothing for both males and females. His Men’s spring 2012 collection though made a great statement on the runway.

Chai showed his men’s and women’s spring collections together, which I feel was a very bold and innovative idea. Chai felt that many collections were dull and he wanted to brighten things up and he did just that, he added many bold colors to his spring collection as well as florals. It was great to seeing all the bold colors he brought to the runway for this spring. Now we have all seen skaters and hipsters’ right? Well Chai ‘s collection portrayed a grown-up skater/hipster look. He made these looks more sophisticated and polished, which needed to be done. Baggy shorts with a fun pattern, a fitted colorful polo, and a blazer to pull the entire look together. That is a great look for guys and a very innovative way to mature looks seen on the streets today.

The Federal Trade Commission announced a $25 million settlement with Reebok on Wednesday over what it said were unsubstantiated claims about the exercise benefits of its “toning shoes.” (watch the video below) But the issue may not be limited to Reebok. Skechers said in a Securities & Exchange Commission filing last month that the FTC is investigating its advertising and claims about its toning sneakers. Los Angeles attorney Tina Wolfson filed a lawsuit seeking class-action status in January against New Balance, alleging its claims about the toning and calorie-burning potential of its toning shoes were false and misleading. Toning sneakers have rounded heels and other features that purportedly require more energy for walking. Sales of toning shoes hit about $1 billion last year, the FTC said.

The FTC said Reebok made “unsupported” claims in advertisements that walking and running in its shoes strengthen and tone key leg and buttock muscles more than regular shoes. The FTC said these claims included that EasyTone shoes had been proved to lead to strength and tone improvements of: 28% in buttock muscles, 11% in hamstrings and 11% in calf muscles over regular walking shoes.

“We fully stand behind our EasyTone technology,” Reebok said in a statement. “We have received overwhelmingly enthusiastic feedback from thousands of EasyTone customers, and we remain committed to the continued development of our EasyTone line of products.”

The American Academy of Podiatric Sports Medicine has taken a cautious stance against toning shoes, which it says can provide benefits for some users but “may have consequences,” especially for those with balance problems.

“As is typical in advertising, some manufacturers greatly overstate the benefits and do not fully disclose the risks associated with toning shoes,” the group says on its website.

The Consumer Product Safety Commission‘s complaint database has more than 20 complaints about toning shoes, including two about Reebok versions. Consumers wrote about pain and injuries including stress fractures.

Under the settlement, Reebok is barred from making any claims that its products strengthen muscles unless they are “backed by scientific evidence.” Consumers who bought Reebok toning shoes or EasyTone apparel on or after Dec. 5, 2008, are eligible for refunds. More information about the settlement is at www.reeboksettlement.com/ftc.

“The FTC wants national advertisers to understand that they must exercise some responsibility and ensure that their claims for fitness gear are supported by sound science,” said David Vladeck, director of the FTC’s Bureau of Consumer Protection. (credit for this article comes from USA TODAY)

Mr. Fame Appeal himself, ME! (sorry for the pixelation it was taken with a cell phone)

The recently completed, Philadelphia Collection was a series of fashion-focused events spanning over 12 days (9/12-9/24). Sponsored by a number of corporations ( Macy’s, Four Seasons, The Art Institute just to name a few) the Collection united several fashion/style professionals together from across the city to promote their hometown as an epicenter of fashion and commerce. The main event of the Collection was Philly Fashion Week. Understanding that buyers needed to be given first look at the designers lines, PFW strategically kicked off their showcase with a Clothing and Accessories event for Buyers. Only then did they hold two days of runway shows combined with award ceremonies and social events. Lastly, 9/23-24 was completely dedicated to showcasing remaining designers whom the entire city had been waiting for! Below are some photos from a series of events. For those of you who missed the Philadelphia Collection you surely need to mark your calender and attend next year. (Photo Credits go to Vision One Images)

Spring style with a little cricket flare

Gorgeous White Dress, love it

Pop Icon Karina Bradley and Fashion Show co-producer Kevin Parker

@ the Buyers Event- Designer Glenroy March presents his ready to wear line

As fall draws closer and summer begins to fade away there are so many great styles that come along with the new season. One of my favorites in particular is paring dresses and skirts with tights. Even though the warm summer air is fading away there is no reason to hide all your dresses and skirts. Try pairing these pieces with a cute pair of black, grey, or even fishnet tights. This is a great way to stay warm but chic at the same time. Pairing a dress with tights and a blazer is very in right now and a get up that could work in the office or even when going out at night. My personal opinion is when going out at night pair the ensemble with a great pair of heels. Another option for your dresses during the fall is to wear your dress with a pair of knee or calf length boots. This is a stylish way to keep your dresses appropriate during the fall. The boots serve not only for warmth, but are also quite stylish. So when you are sadly packing away some of your summer dresses this season, think fresh and innovative ways to create new outfits!

Aston Martin must protect its brand name from Rick Ross’s hit single “Aston Martin Music” (music video seen below). The high end automobile manufacturer’s image of luxury sports cars is usually depicted in upscale show rooms and 007 films. However, Rick Ross’s song has made the exclusive car a now tacky pimpmobile. Even though High end cars and hip hop go hand in hand, Rick Ross took the relationship to an unprecedented level. He not only named his song after the manufacturer, he demonstrated it as a vehicle to accommodate drug dealing, transport narcotics and invite Porno stars take a ride in. (story line of the music video).

Abercrombie and Fitch’s offer to pay the cast of the Jersey Shore Cast to stop wearing their brand was a defensive measure to protect the clothing line’s image from lewd, beach bums. Similarly Aston Martin should do the same to Rick Ross and protect its brand from the heavy drug dealing and lewdness depicted in the video. Currently, no law can force celebrities to stop strutting their brand name, however if the price is high enough celebrities will take the cash and ditch the name tag under under contract law . So why doesn’t Aston Martin make a move on Rick Ross? Any thoughts?

Rick Ross – Aston Martin Music (Feat. Drake & Chrisette Michele)

After a long hiatus, it’s time to get Fame Appeal back up and running. My last entry was back in May 2011, since then I have been busy wrapping up law school, dealing with bar exam, and relocating myself to Philadelphia. In the mean time Fame Appeal was operated by some great interns to whom I give many thanks. Stay tuned for new legal articles, interviews and style hints for men and women. I recently came back from NY fashion week here are some snapshots from my time there!

In it’s answer YSL, claims Louboutin can’t show irreparable harm or consumer confusion, which is important in obtaining the injunction. In addition YSL has filed its own counterclaims challenging the validity of Louboutin’s red sole trademark, arguing a fashion designer should not be able to monopolize any color and the Louboutin trademark should have never been granted. The attorney for CL notes they are not claiming ownership of all red soles but only a bright lacquered red.

YSL does raise an interesting point–should a designer be able to trademark a color? Some companies have trademarked colors for their product–think Tiffany blue, but the doctrine of aesthetic functionality may suggest otherwise for CL. Under the doctrine when an attractive product feature serves a purpose beyond identifying the source of a product as being sold by a certain company, the feature might not be protectable as a trademark. This is because it would interfere with legitimate competition by allowing the producer sole control of a useful product feature.

Does red envoke luxury or sexiness and therefore have a functional role? Arguably red soles have no purpose beyond identifying the source of the good but they are an important attribute in the commercial success of Louboutin shoes which sparked others to add color to their soles.

California Governor signed legislation to require out-of-state internet sales companies to collect and pay state sales taxes. The bill expands the definition of a company having physical presence in the state and now includes companies with subsidiaries in California or business relationships that refer potential customers.

While the bill is a way to generate revenue and reduce state budget deficits, it is a job killer for large internet sales companies–as giants like Amazon and Overstock threaten end their physical presence in CA. Also many smaller businesses often operating out of one’s home use the internet as the main means of expanding their market share and customer base and will have a harder time paying compliance costs.

Internet sales tax collection bills have been supported by many traditional retailers, who argue they’re at a disadvantage having to shoulder the cost of sales tax collection and remittance. While the costs borne by the retailer are passed on to their customers in the form of higher prices, the online company can charge a lower price and offer tax-free shopping, in addition to the convenience of home ordering and delivery. Meanwhile, online retailers with a physical location in one or two states but millions of customers across the country, did not have to deal with such an expense.

Is a state internet sales tax bill really the way to go? A 1992 Supreme Court decision said retailers only had to collect the sales tax if they had an actual physical presence in the state. Arguably this bill allows states to regulate interstate commerce, something the Constitution strictly prohibits.

Danielle Phillips

Fashion Law Contributor

]]>0fameappealhttp://fameappeal.com/?p=25272011-07-11T15:26:57Z2011-07-05T15:51:24ZAbercrombie and Fitch has always been known for their sexually charged suggestive themes, that’s old news. So is their ability to strike a racial chord, most notably their 2002 t-shirts that had the slogan “Wong Brothers Laundry Service – two Wongs can make it white” and “Abercrombie & Fitch Buddha bash – get your Buddha on the floor.” These actions have led many to question how they plan to continue marketing products in a world where the dynamics of race are rapidly changing.

Apparently, Abercrombie is singing the same tune again. A former stockroom worker is suing the historic brand, claiming she was suspended, and then fired because she refused to remove her Muslim headscarf while working. Although Abercrombie has claimed that it does not tolerate discrimination, they have been the target of discrimination suits several times and have settled with class-action parties in the past. Guess their lawyers will have to use those negotiation skills to bail them out, again.

Abercrombie got out of a crappy tough situation in 2005, paying $50Million to class action litigants, and agreeing to adopt new measures to promote diversity within their brand. Don’t believe it? Read up for yourselves.

Either way you look at it, this is crappy ugly for Abercrombie. They already had a lot of ground to make up from their previous missteps, and this just makes the mountain even higher to climb.

]]>0Fame Appeal: Law, Fashion, Entertainmenthttp://fameappeal.com/?p=25092011-10-10T00:33:17Z2011-07-02T00:20:54ZLong since past are the days were just saying your name was enough to resonate an image in people’s minds. Today, it takes enterprise, preparation, and well, a decent business card. And with that comes the necessary measure of carrying those cards in the proper manner. Enter Martin Margiela and their sleek two piece card holder. The case is crafted from fine leather, and won’t have that cheesy metallic Tiffany’s look which every average minded male generally uses. It’ll be one more thing that will separate you from the crowd.

Compagnie Financière Richemont (owner of brands Chloé and Montblanc) filed suit against Tradekey.com. Richemont is alleging Tradekey, a Pakistan based company, knowingly sold counterfeit replicas of the plaintiffs’ products through unauthorized sellers, manufacturers, suppliers and distributors. Tradekey, believed to be one of the largest business-to-business global marketplace e-commerce sites, was founded six years ago, and sells goods in over 240 countries.

Plaintiff claims Tradekey not only helps manage listings by counterfeiters–editing postings and removing the term “replica” from their title, but it also provides search engine optimization services to its members who sell fake goods.

While it is important to go after counterfeit sites by seeking injunctive relief, once a brand takes down some sites, others come up almost on a daily basis. Many brands are fighting back against fakes by not only shutting down these sites but are also informing their customers. For example, Christian Louboutin takes a more proactive approach by adopting a zero-tolerance policy and through the creation of stopfakelouboutin.com. The site not only directs customers to the brands’ authorized retailers but also includes a list of several thousand of counterfeit sites to avoid.

Danielle Phillips

Fashion Law Contributor

]]>0fameappealhttp://fameappeal.com/?p=24692011-07-04T00:45:15Z2011-06-23T17:58:59ZMarvin Johnson was sentenced to 30 months in prison and three years of supervised release for trafficking in counterfeit goods. Johnson was also required to forfeit $23,957 in unlawful proceeds seized by officers.

Johnson sold counterfeit luxury apparel and accessories that bore trademarks identical to trademarks used by Coach, Louis Vuitton, Dolce & Gabbana, Prada, Chanel, Gucci, Polo and Nike. Johnson owned and operated a retail store known as “Prestigious Fashions,” and two sales booths, all located in or near Baltimore, Maryland.

Undercover officers purchased counterfeit goods from Johnson who said the items were “fake” and also told officers that he hosts “purse parties” in order to sell the counterfeit items. Approximately 3,600 items of counterfeit luxury wearing apparel and accessories with the above stated brand names were seized from six locations and vehicles associated with Johnson. The lost retail value of the goods seized is estimated to be at least $400,000.

Also located in Johnson’s van was a cease and desist letter from Coach. However, the back of the letter contained Johnson’s notations regarding further sales of counterfeit goods.

]]>0fameappealhttp://fameappeal.com/?p=24462011-10-06T14:23:59Z2011-06-17T15:59:10ZGone are the days of the simple black patent leather heels. To be quite honest, they’re a bit passe, and frankly, just plain old boring. It’s out with the black and in with the nude. While the color is substituted, classiness is not, my friends. Unlike black, the nude heels can match with any color, except, well, another nude that isn’t the same tone. In the workplace or out, nude heels may very well become one of your best friends this summer. And of course, Michael Kors did it just right; SO right that I had to have these for my own.

“What I do is an artistic expression of that which is channeled through me. Fashion is just the medium.” –Alexander McQueen

I finally visited the “Alexander McQueen: Savage Beauty” costume exhibit at the Metropolitan Museum of Art. It was absolutely breathtaking, focusing on McQueen’s fascinating showmanship and his remarkable techniques.

The exhibit is divided into six themes that are distinctive of Mr. McQueen’s work: the romantic mind, romantic gothic, romantic nationalism, romantic exoticism, romantic primitivism, and romantic naturalism. It features fine tailored smoking jackets, explores the interplay of opposites like life and death, or lightness and darkness, shows his fascination with other cultures, and reveals McQueen’s use materials from nature.

As I examined the clothes closely, I could see the difficult work performed on each dress or coat. He manipulated feathers, horns, wood, glass, flowers, horsehair and shells into coverings for the female form. Mollusk shells became a corset, feathers became a skirt, a jawbone became jewelry. Above the displays, videos from the dramatic McQueen shows run continuously. Those who argue fashion only serves a utilitarian purpose may change their mind after leaving Savage Beauty. McQueen was clearly an artist who just happened to work with fabric.

To anyone who might be passing through New York City, even for a day: do not miss this exhibit, the experience will stay with you forever.

Danielle Phillips

Fashion Law Contributor

]]>0fameappealhttp://fameappeal.com/?p=24312011-07-04T00:36:58Z2011-06-14T19:45:06ZImagine being able to complain to Old Slavery Navy about how their “end of the season flip flops” ended soon after you bought them, or having the opportunity to affect how a brand addresses their customers. . . pretty crazy, huh? It’s no mystery that most companies have a Facebook page, and we’ve all embraced the ability to “like” whichever brand we choose. So why not use these channels to call out these brands when they are doing a less than stellar performance? Lately, brands like Burberry and Tory Burch have gone separate ways on this subject by interacting with their customers in opposite ways. Apparently, Burberry’s lack of two-way communication has shrunken their ability to fully embrace their patrons, while Tory Burch’s personal approach, which consists of everyday tweets by the founder, and ability to two-way communicate has been met with some criticism, but ultimately created a linear connection between them and their patrons. Does this mean Burberry needs to start communicating more?

But that’s not the main issue for me (or what I think is the main issue). I think it’s great that Burberry and Tory Burch have opened up to the world of Facebook, but how much of a connection do they expect to make siphoning through the crap loads exorbitant amount of spam that will likely ensue from petty Facebook users? Let’s face it, there are some things that should not change. If you have a serious concern, or personal gripe, you should take it up with that brand head-on. I remember when I was unhappy with a suit I bought from J.Crew (rare occasion) and I wrote them about it. They responded, apologized, and offered to help me find something I liked. I didn’t need to use Facebook or any other social media platform to make my voice heard, and perhaps neither do you.